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2017 Supreme(J&K) 641

B.S.WALIA
National Insurance Co. Ltd. – Appellant
Versus
Presiding Officer, MACT Poonch – Respondent


Appearing Counsel:
For the Petitioner(s):Mr. Baldev Singh, Advocate
For the Respondent(s):Mr. S.H. Rather and Mr. Ashok Sharma Advocates

Judgment (Oral)

1. Brief facts of the case leading to the filing of the instant writ petition are that Mohd Rashid and others filed a Claim Petition under Sections 166 and 140 of the Motor Vehicles Act on 22.07.2003 before MACT Poonch. An ex- parte award dated 27.12.2006 was passed in favour of the claimant respondents and against the Insurance Company directing it to pay an amount of Rs.4,68,000/- besides a sum of Rs.20,000/- on account of loss of consortium and Rs.6000/- on account of funeral expenses along with interest @ 6%. Application dated 28.07.2007 was filed by the Insurance Company for setting aside of the ex parte award. During the pendency of the said application, the matter was listed before the Lok Adalat.

2. Learned counsel for the petitioner-Insurance Company contends that as per practice, a claim is taken before the Lok Adalat on the written request of the Insurance Company after due investigation and on reaching a conclusion that the insured has not committed any violation of the terms and conditions of the Policy. Learned counsel for the petitioner further contended that the petitioner-Insurance Company had not authorized the counsel for getting the matter listed
















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